The Superior Court of Justice (STJ) confirmed on Wednesday (the 9th) the limitation on payment of overdue amounts to insured individuals who sue the National Institute of Social Security (INSS) to obtain the granting or review of benefits. The ministers also defined rules for automatic release of retirements by robots.
The judgment evaluated clarification appeals filed by the Brazilian Institute of Social Security Law (IBDP), which requested clarification about the court's decision that limited the value of retroactive payments until the end of 2025. The case was under the rapporteurship of Justice Paulo Sérgio Domingues.
The ministers maintained the understanding that the insured person who goes to court without first allowing INSS to adequately analyze their request at the administrative level may not be entitled to receive overdue amounts from the date of the request. The rules cover requests for retirement, pension, assistance, maternity leave, and Continuous Cash Benefit (BPC/Loas).
